Title 38 — Public Officers and Employees

A. Beginning July 1, 2017, the discount rate specified in subsection B of this section applies to service purchases or transfers of service credits to the system pursuant to the following sections: 1. Section 38-849, subsection D. 2. Section 38-853.01, subsection C. 3. Section 38…

An employer shall disclose the employer's funding ratio for each of the employer's eligible groups under the system on the employer's public website.

A. Each governing body of an employer shall annually: 1. Adopt a pension funding policy for the system for employees who were hired before July 1, 2017. The pension funding policy shall include funding objectives that address at least the following: (a) How to maintain stability …

B. The board shall annually consolidate the pension funding policies of employers adopted pursuant to section 38-863.01 and post the document on the system's public website. C. On or before June 30 of each year, the board shall submit a popular annual financial report to the gove…

In this article, unless the context otherwise requires: 1. "Annuity account" means an account that is established for each participant to record the deposit of participant contributions, employer contributions and interest, dividends or other accumulations credited on behalf of t…

For the purposes of this article, "participant" includes a member as defined in section 38-842, paragraph 31, subdivision (a) or (b), excluding subdivision (a), item (vi), who is hired on or after January 1, 2012 and before July 1, 2017, who is not covered by the federal old age …

A. The board shall establish, design and administer a defined contribution plan to provide for the retirement of specified participants beginning July 1, 2017. B. The purpose of this article is to provide a defined contribution plan that is fully funded on a current basis from em…

A. Each participant in the defined contribution plan shall contribute the following percentage of the participant's gross pensionable compensation by salary reduction that shall be deposited in the participant's annuity account: 1. For a participant as defined in section 38-865, …

A. A lump sum distribution made pursuant to section 38-844.08, subsection B or section 38-885.01, subsection J shall be deposited in a separate rollover account for the participant as defined in subsection C, paragraph 2, subdivision (a) or (b) of this section and made immediatel…

A. A trustee-to-trustee transfer made pursuant to section 38-844.06, subsection C shall be deposited in a separate transfer account established on behalf of the participant and made immediately available for the participant's beneficiary to either withdraw all or any portion of t…

(L25, Ch. 237, sec. 5; Eff. 7/1/26) A. Each participant in the defined contribution plan shall contribute the following percentage of the participant's gross pensionable compensation by salary reduction that shall be deposited in the participant's annuity account: 1. For a partic…

A. On or before June 30, 2017, a participant as defined in section 38-865.01 may make an irrevocable election to opt out of the defined contribution plan established by this article, which shall be the participant's election for the remainder of the participant's employment with …

A. An active member of the defined contribution system who volunteers or is ordered to perform military service may receive years of service for not more than sixty months of military service as provided by the uniformed services employment and reemployment rights act of 1994 (38…

B. The purpose of this section is to provide a group health benefits plan that is fully funded on a current basis from employer and participant contributions. The board shall subject the account to actuarial analysis and manage the account in an actuarially sound manner. C. Contr…

1. "Assets" means the accumulated resources of the disability program. 2. "Board" means the board of trustees established by section 38-848. 3. "Compensation": (a) For a participant as defined in section 38-865, paragraph 7, subdivision (a), item (i), has the same meaning prescri…

A. The public safety personnel defined contribution retirement plan disability program is established for participants in the public safety personnel defined contribution retirement plan who either have elected to participate solely in the defined contribution plan established pu…

A. The disability program trust fund is established for the purpose of paying benefits under and costs of administering the disability program. The trust fund shall be administered by the board. B. The disability program trust fund consists of all monies paid into the trust fund …

All participants are subject to this article and shall participate in the disability program.

A. Beginning July 1, 2017, employers shall contribute the percentage of the gross pensionable compensation of all of the participants under their employment so that the total employer contributions equals the amount that the board determines is necessary to pay one-half of all be…

A. Employer contributions shall be a percentage of gross pensionable compensation for each participant, as the system actuary determines pursuant to this section. The actuary shall make this determination in an annual valuation performed as of June 30. The valuation as of June 30…

B. A participant, as defined in section 38-865, paragraph 7, subdivision (a), item (i), who meets the requirements for a disability pension as prescribed in section 38-844, except for an ordinary disability, shall receive a monthly disability benefit equal to a monthly disability…

A. If a participant, as defined in section 38-865, paragraph 7, subdivision (a), item (i), is killed in the line of duty or dies from injuries suffered in the line of duty, the local board shall follow the same procedures and methods as prescribed in section 38-846 to determine e…

A. If a participant, as defined in section 38-865, paragraph 7, subdivision (b), is killed in the line of duty or dies from injuries suffered in the line of duty, the local board shall follow the same procedures and methods as prescribed in section 38-888 to determine eligibility…

In this article, unless the context otherwise requires: 1. "Board" means the board of trustees of the public safety personnel retirement system established by section 38-848. 2. "Deferred compensation plan" means an eligible deferred compensation plan as defined in section 457(b)…

A. The board shall establish, design and administer a deferred compensation plan in which a participant may participate. B. The board, in the administration, management and operation of the deferred compensation plan, may: 1. Employ services as it deems necessary, including legal…

A. A participant may participate in the deferred compensation plan established pursuant to this article. A participant in the deferred compensation plan shall authorize the participant's employer in writing to make reductions or deductions in the participant's remuneration as pro…

A. Any benefits provided pursuant to this article are in addition to any other benefits provided for the participants and are supplemental to any other retirement plan under which such participants participate. B. Any income deferred under the deferred compensation plan are inclu…

1. "Accidental disability" means a physical or mental condition that the local board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's department and was incurred in the performance of the employee's duties. 2. "…

A. Except as provided in subsection B of this section, an employee who is hired on or after July 1, 2018, who is a member as defined in section 38-881, paragraph 27, subdivision (a) and who was not an active, an inactive or a retired member of the plan or a member of the plan wit…

A. The corrections officer retirement plan and the corrections officer retirement plan fund are established. B. The fund consists of the monies and assets generated by the operation of the retirement plan. The fund shall be used exclusively to pay benefits to and on behalf of mem…

A. The board shall: 1. Maintain records of the operation and administration of the plan and fund. 2. Contract on a fee basis for an independent annual audit of the accounting records of the plan and fund and file a copy of the audit report with the auditor general. 3. Employ on a…

A. The board may establish a qualified governmental excess benefit arrangement for the sole purpose of enabling the board to continue to apply the same formula for determining benefits payable to all employees covered by the plan whose benefits under the plan are limited by secti…

A. Each employee of a participating employer is a member of the plan unless the employee is receiving a pension from the plan. A person employed shall undergo a medical examination performed by a designated physician or a physician working in a clinic that is appointed by the loc…

A. A member who received a severance refund on termination of employment as provided in section 38-884, who is subsequently reemployed by an employer and who may have redeposited the amount withdrawn with interest as provided in section 38-884 or a member who redeems prior servic…

1. Files a written application for normal retirement with the plan in the form prescribed by the plan. 2. Ceases to be an employee before the date of retirement. 3. Meets one of the age and service requirements for normal retirement prescribed in subsection B, D or F of this sect…

B. The board shall offer the reverse deferred retirement option plan to members on a voluntary basis as an alternative method of benefit accrual under the plan. C. Any member who is eligible for a normal pension pursuant to section 38-885, who is not awarded an accidental, ordina…

[Repealed or reserved.]

A. A member may retire and receive an accidental disability pension or a total and permanent disability pension if the local board finds that all of the following conditions occur: 1. An application for disability retirement is filed with the retirement plan or the local board by…

1. An application for disability retirement is filed with the retirement plan or the local board by either the member or the member's participating employer after the disabling incident or within one year after the date the member ceases to be an employee and the member's employm…

The surviving spouse of a deceased retired member is entitled to receive a surviving spouse's pension if the spouse was married to the member for a period of at least two consecutive years at the time of the member's death. Payment of a surviving spouse's pension commences as of …

A. The surviving spouse of a deceased member is entitled to receive a surviving spouse's pension if the spouse was married to the member on the date of the member's death. Payment of a surviving spouse's pension commences as of the last day of the month following the member's dat…

If all pension payments permanently terminate before an aggregate amount equal to the retired member's or deceased member's accumulated member contributions has been paid, the difference between the amount of accumulated member contributions and the aggregate amount of pension pa…

A. A normal retirement pension, an accidental disability pension, a total and permanent disability pension or an ordinary disability pension commences on the first day of the calendar month next following the member's date of retirement. A survivor pension commences on the first …

B. Each member who was hired before July 1, 2018, shall contribute the amount prescribed in subsection H of this section to the retirement plan. Each member who was hired on or after July 1, 2018, through the member's period of service from the member's effective date of particip…

A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an employee of the employer in a designated position. This section applies to a retired member who has bee…

Each participating employer shall pick up the contributions required of members on account of compensation paid after the effective date specified in the resolution of the board activating the provisions of this section. The picked up contributions shall be treated as participati…

A. To the extent outlined in this section, the administration of the plan and the responsibility for making the provisions of the plan effective for each employer are vested in a local board. The state department of corrections, the department of juvenile corrections, the departm…

B. The consolidated local board shall work with the board of trustees to ensure that the new board is duly empaneled consistent with the representation outlined in section 38-893, subsection A and that all appointments or elections for local board members are completed in a timel…

A. The financial objective of the retirement plan is to receive contributions each fiscal year which are sufficient to both: 1. Fund the actuarial cost of benefits likely to be paid on account of credited service earned by members during the fiscal year. 2. Fund the unfunded actu…

A. The maximum annual pension for a limitation year shall not exceed the following: 1. For limitation years beginning before 1995, the lesser of ninety thousand dollars, as indexed for inflation, or one hundred per cent of the member's average monthly salary. 2. For limitation ye…